Air Navigation Act 1938

The regulations from time to time in force applicable to and in relation to air navigation within the Territories shall (except so far as those regulations are by virtue of the Commonwealth Act and the regulations applicable to and in relation to air navigation within New South Wales) apply, mutatis mutandis, to and in relation to air navigation within New South Wales as if those regulations as so applied were incorporated in this Act and for the purposes of this Act those regulations shall be read and construed and take effect accordingly:

Provided that where an aircraft is to be used for the conveyance of passengers or cargo in circumstances which will require the aircraft to be licensed under the Air Transport Act 1964, and which will also require the aircraft to be used under the authority of and in accordance with a licence issued under the regulations in their application by virtue of this Act or pursuant to an exemption granted under the regulations as so applied, a licence shall not be issued in respect of that aircraft under the regulations as so applied nor shall any such exemption be granted unless or until a licence has been issued in respect of that aircraft under the Air Transport Act 1964, and the licence when so issued under the regulations as so applied or any renewal thereof or the exemption so granted, as the case may be, shall, without prejudice to any power of suspension or cancellation which is conferred by the regulations as so applied, cease to have effect if the aircraft ceases for any reason to be licensed under the Air Transport Act 1964:

Provided further that where an aircraft is licensed under the Air Transport Act 1964 it shall not be necessary for any person to obtain, under the regulations as so applied, any approval of the tariff of charges for the carriage of persons or cargo on the aircraft or of any variation thereof.